South Dakota § 29A-3-912 Private agreements among successors to decedent binding on personal representative.

South Dakota Statutes

§ 29A-3-912 — Private agreements among successors to decedent binding on personal representative.

South Dakota·Title 29A UNIFORM PROBATE CODE·Ch. 29A-2 PROBATE OF WILLS AND ADMINISTRATION

Subject to the right of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent, or under the laws of intestacy, in any way that they provide in a written contract executed by all who are affected by its provisions. The personal representative shall abide by the terms of the agreement subject to the obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and to carry out the responsibilities of office for the benefit of any successors of the decedent who are not parties. Personal representatives of decedents' estates are not required to see to the performance of trusts if the trustee thereof is another person 

Free access — add to your briefcase to read the full text and ask questions with AI

Subject to the right of creditors and taxing authorities, competent successors may agree among themselves to alter the interests, shares, or amounts to which they are entitled under the will of the decedent, or under the laws of intestacy, in any way that they provide in a written contract executed by all who are affected by its provisions. The personal representative shall abide by the terms of the agreement subject to the obligation to administer the estate for the benefit of creditors, to pay all taxes and costs of administration, and to carry out the responsibilities of office for the benefit of any successors of the decedent who are not parties. Personal representatives of decedents' estates are not required to see to the performance of trusts if the trustee thereof is another person who is willing to accept the trust. Accordingly, trustees of a testamentary trust are successors for the purposes of this section. Nothing herein relieves trustees of any duties owed to beneficiaries of trusts.

South Dakota § 29A-3-912 (Private agreements among successors to decedent binding on personal representative.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.